literally months ago. make no mistake, the only reason democrats have been trying to deflect attention on to me and my colleagues the past few weeks is they don't have a plan of their own that could get bipartisan support. the so-called senate bill the majority leader refers to passed with only democratic votes. despite his repeated calls for the house to pass it, he snows knows as well as i do, it can't happen. senate so there's nothing for the house to vote on. as i pointed out july 25th. democratic bill is, quote, a revenue measure that didn't originate in the house so it's got no chance whatsoever of that's what i said july 25th.

the only reason we ever allowed that vote on that proposal is i said at that time, we knew it didn't pass constitutional muster. and if democrats were really serious, they had proceed to a revenue bill that originated in the house as the constitution requires, and as i called on them to do again last week. to repeat, the so-called senate bill is nothing more than a glorified sense of the senate resolution. let's put that talking point aside. last night i told the president we'd be happy to look at whatever he proposes but the truth is we're coming up against a hard deadline here and, as i said, this is a conversation we should have had months ago. republicans aren't about to write a blank check for anything senate democrats put forward

just because we find ourselves at the edge of the cliff. that wouldn't be fair to the american people. that having been said, we'll see what the president has to propose, members upon both identifies of the aisle -- sides of the aisle will review it and we'll decide how to proceed. hopefully there's still time for an agreement of some time that saves taxpayers from a wholly preventible economic crisis. mr. president, i yield the floor. >> the majority leader. >> okay, four days to go, you heard from senate minority leader, and mitch mcconnell says we're heading over the fiscal cliff. the panic is just setting in. this is your world. taxpayers are starting to freak out because a half trillion

dollars plus tax hit is about to kick in as a deal to avoid the fiscal cliff is no where are in sight and time is running out. we hit the streets to show people this. this graphic shows how big a tax hit you could expect depending on your income no matter where in the country you live. for folks who could soon be forced to pay higher taxes, reality setting in. >> january 1st, that's what your taxes would go up. >> wow. >> wow. >> wow is not wow. >> well, it's going to be somewhere between 8,000 to $12,000, which i don't have. so i'm not looking forward to that. >> we're living paycheck by paycheck. i have five kids and that's going to put us way down in the hole. >> i'm a single income, you've got to be kidding. >> that's a lot of money. >> we need to keep our money in our pockets to help our country

first. >> that sucks. i have a lot more better things to do with that money than give it someplace else. >> taxpayers are clearly worried. it deny next guest reaction from florida republican congressman, good friend, allen west. start with the -- some news we heard about an hour ago, that the leadership was actually calling you guys back to d.c. have you heard that? i heard it was 6:30 a.m. sunday. is that accurate? >> you are correct. it's good to be with you, eric. we had a conference call this afternoon from 2:30 to 3:05 p.m. and we'll come back to washington, d.c. sunday evening, 6:30 p.m., no later than. >> let's talk about the senate minority leader, mcdonnell, saying hopefully there's time to get this fixed. is there time? >> i think there is. you know, we have done our business in the house of representatives. we have sent a bill to the

senate which says we will keep all these tax rates where they are and the senate must act on that bill. that election. -- legislation. we don't need to talk about people getting together in a room to come up with a deal. we need to do that which is pragmatic and keep the money in the pockets of the american people. right now the spending problem we have in washington, d.c. is affecting this country. we have not had a budget passed by the senate in the last three or four yours. we're telling the american people they have to tighten their bootstraps but we do not want to do that in washington, d.c. we have a federal reserve printing more money to the tune of $45 billion a month to buy up treasury bonds, which is a failed monetary policy which shows this economy is not on the right track. >> what do you think about president obama cutting his vacation short, coming back in, maybe to fix something he broke in the first place?

>> well, when you sit back and look at where we are with our economy, the amount of debt we've incurred, the fact we've had four straight years of trillion dollars plus deficits, when the president says he wants to raise taxes on those $250,000 or above, that only generates $850 billion over the next ten years. we have had 1.422, 1.29 and on the way to another trillion dollars deficit for these years. what the president is proposing is not pragmatic whatsoever and really is a reflection of him i suppose living in a fantasy world. >> what do you think the deal that speaker boehner offered the president? >> well, i was against the plan b because i don't see this as being a tax revenue increase issue. most important is spending. we could georgia back -- go back to the simpson bowles

commission. the most important thing, we have to deal with spending. we live in an america where the federal government now is spending 25% of our gross domestic product. when you study the obama budget that would increase to 32%. that's where the problem has to i am emanate from. the spending side of our budget is 62% of what we spend money on. it's not just about defense or discretionary. >> is there any indication the president's deal, that he may come back with, will address spending? i haven't heard substantial spending cuts out of any deals on the left. >> absolutely you are not hearing that whatsoever. when i listen to senator chuck schumer say the president ran on raising taxes and says he won, we should do that, i have to tell you i'm not such and idiotic person to follow someone

off into the abyss. this is a political gimmick the president ran on. he did win the election but when you look at the house, the republicans maintain their majority there and that's where revenue bills emanate from. >> we have to leave it there. always great to have you. >> happy new year. >> you too. amid all this fighting in washington, my next guest has a plan to fight the nation's debt and it doesn't rely on congress at all. scott wants to pay it off one dollar at a time. the retired army captain and small business owner. saucy, i met new the makeup room and you're a headlinedder. 7 minutes into the show and you're wearing i'm a limo guy. >> listen, that's the beauty of this program is that even though -- >> neil: south florida what is the program? >> the program is one dollar

from every one of your paychecks. there are four debt buster months in a year. if you get paid twice in a month, i'm looking for $8 out of you. >> okay, sure i can do that. that -- so every working man, woman and even a minor, anyone working, is going to give you -- >> no. >> give a fund a dollar per paycheck. >> that's it. we show you how. we show you how to send your eight bucks in a year to thebury bureau of public debt. that's all of us as citizens. you think 220 million citizens? >> wait a minute. i did so the math. there's 153 million people in the workforce. >> you do the math. >> there's the problem. $7.95 billion a year if everyone pays a dollar every week.

>> now, the beauty of it, me as a debt buster company, four months of the year. if there are companies doing a million plus transactions over $10 per transaction, i'm looking for one buck. if you do 100 a month, i pool the money. >> you're a good guy, a business owner. you're a former serviceperson. >> yes, sir. >> i love you for all that. i hate you for taxing me more. >> that's -- eric, here's the thing. what i want -- i don't want people to get excited about this fiscal cliff. right? so you laugh, right. >> i'm not laughing but if you take a dollar out of every -- that's a tax. >> i understand. i would rather self impose a tax than be forced to do something. therefore you're going to want to do it. for me, it's muscle memory. once you try it, you'll feel a

tremendous patriotism and it will be -- >> did you hear that lieutenant colonel representative say we don't have a tax problem, we don't have a revenue problem, it's a spending problem? this doesn't address the problem in washington. that's the problem. >> again, once we band together, companies and citizens, we're listen, we need additional receipts, period. that's a known. it's going to happen for a period of time through -- >> you're a business guy. we're run out of time.j3 if you take in money but spend more, you're still taking in more money every year. you have to worry about the spending side, not revenue. >> the good faith program i started is going to force our elected officials to do something. we'll hit it at top. they hit it at the bottom. we'll meet in the middle and have it paid off. >> how much have you personally

tried to be to the $16.3 trillion. >> around 500 bucks. >> putting your money where your mouth is. >> i can't wait. join me. >> thank you. >> forget the tax hit in four days. try the union hit coming in two. the fallout could be devastating. we're on it in two. [ male announcer ] at scottrade, we believe the more you know, the better you trade. so we have ongoing webinars and interactive learning, plus, in-branch seminars at over 500 locations, where our dedicated support teams help you know more so your money can do more. [ rodger ] at scottrade, seven dollar trades are just the start. our teams have the information you want when you need it. it's anothereason more investors are saying... [ all ] i'm with scottrade.

>> eric: thousands of jobs and billions of dollars are at stake but this is no fiscal cliff. this is the looming port strike threatening to shut ports from boston, miami and beyond. florida governor rick scott telling the media a strike will be devastating to his state's economy. governor's right but it's an entire nation about to get slammed. brent is the president of miller and long construction. we import -- we pointed out somewhere around 65% of international trade hits the ports. we import cars, we import

produce, we import oil and gas. explain how this will affect the prices for people watching right now of everything. >> well, it will be very significant in a lot of ways. we're talking about eleven ports, basically from boston pretty much all the way around to houston. the reason governor scott is concerned is there are four ports in florida that will be affected. this is containerized shipping. electronic goods, food stuff and things like that. it could be massive impact, especially in this -- we had retailers getting trouble getting back on track. it will affect everybody's pocketbook eventually. >> eric: tell us how it trickles down to the consumer. >> basically everything will become a lower supply. therefore, lower supply means higher prices. uncertainty about when purchases can be made and then imported into the united states. what happened after the port

strike on the west coast in 2002, a lot of shippers made permanent arrangements to ship things in through the east coast instead of the west coast which was cheaper. now they may look at having to basically reverse course which adds time and money and if it adds money to the cost of the product, the consumer pays. >> eric: what are they looking for, the long shoreman's union? >> one thing that they're always seeming to be looking for, and it's been at issue, longshoremen for the last 25 or 30 years, is the idea that technological advancement might replace some workers. we don't have big heavy guys throwing a box on to a ship like you see in the 1940's movie. they're containerized ships using cranes and they're concerned that further technological advances will

replace some people that right now, according to the waterfront commission, about a third of the new york workers make north of $210,000 a year without is special bonuses that come on later. 34 made north of $350,000 a year last year and they're worried about being replaced by machinery and -- for the most expensive port in the world. >> eric: thank you to brett. thank you, sir. >> thank you. is this port strike happen, should unions face a backlash? we contacted the international longshoreman's association again, still no word. we tried it yesterday. we have 64,000 longshoreman to may hold up 50 or 60% of the nation's import and export trade. >> it's worse. when you throw in another

looming fiscal calamity. you're damaging the economy at the time it's already suffering damage. >> is what the unions do? think about what we've experienced the last year. l.a. airport strike happening on the busiest travel day of the year. a chicago teacher strike when kids were going back to school and wal-mart trying when christmas was hitting. unions hitting you see us when we're vulnerable. >> they're exercising maximum leverage at the point of maximum vulnerability in terms of employers just like corporations say this is what the market will bear. we'll go to china and get the cheapest labor possible. now you have workers in the united states saying this is what we need. if you look at the dock workers, dock workers in the 1960's, about 35, 40,000. now down to 4,000. only 10%. why? because of automation your

previous guest was talk. >> 64,000 for the longshoreman's union. but haven't unions priced themself out of market? they made themself obsolete. you pointed out, if you don't want to do business here, go to china. >> here's the deal, you have to import goods in the united states. what they've done is through automation, they have less and less dock workers. what the dock workers got as a concession was you have to give us a royalty on shipments given you're using automation. no you have owners of dock yards saying no, we're going to take that away or freeze it for people who come later. >> but why do you want to freeze business? why stick business in the mud right now so we can't progress? i'll give you a personal example. i was a floor trader, a human being on a trading floor. guess what happened? they figured out machines could do it better, faster and cheaper and what happened? we were displaced. business needs to progress and compete.

if we don't get prices down to compete, all this business is going to go elsewhere. >> that's agreed but that's not the issue. the fact is that you have automation on the docks. you don't have containers that go right from the ships to the trucks as you know all up and down the coast and we have the panama canal now, bigger than ever. >> that's what they're fighting, automation. >> no, they're saying -- >> fred mcmahon said they're fighting automation. >> no, they're not. >> the machines have taken over but the point is the workers should get a share of royalties. there's no reason. >> why should the workers get a share of a business that they aren't ownership? >> because they -- >> they don't have a downsize risk. >> they got downsized hugely. the workforce has been decimated. >> juan, should i have a share in the profitability of fox news? >> if you buy stock.

>> no, these workers aren't buying stock. they want a share of the profits and don't invest in the company. >> you're a terrific personalty on the air. so you negotiate a contract. i'm saying for the workers, don't always dump on the workers. >> should obama get involved? >> i think given the severe, workers aren't for it but the antistrike, it may come to that. >> we're going to leave it there. >> juan williams, thank you. >> you're welcome back. >> southwest plane veers off the runway as a storm pounds the state leaving devastation.

>> eric: the deadly winter storm headed north but not before plenty of damage. anna in clarks summit, pennsylvania with the latest. what's going on? >> reporter: it's still, the road conditions are improving in pennsylvania but the storm is responsible for 16 deaths "the associated press" is reporting. flakes are still falling in parts of new york and the eastern part of the state and northern new england where conditions are expected to persist and be nasty in connecticut and massachusetts

and rhode island. they're dealing with rain and wind as well and with the evening commute just ahead of us, black ice is a major concern. >> if there's any doubt you can't maneuver a roadway or you feel it's unsafe, stay home or don't go anywhere. >> reporter: we have seen salt trucks on the may thoroughfares and salt trucks working in tandem. >> i've lost count of the number of cars in the ditch. a jackknifed tractor-trailer, a horse trailer turned over. so people are not really driving slow enough for the conditions. >> reporter: already more than 600 flights have been canceled today. 1600 flights canceled yesterday and delays in new york, laguardia and jfk and newark, new jersey under delays of 90 minutes or less.

iana know you wanted me to make a snowball for you. this is a pretty hard one already made for me. i'm diagnose. >> i saw your snowball earlier. you can do better than that next time. >> just fell apart before the conditions got a little bit nastier. it's a winter wonderland. a ski resort in vermont reports 20 inches of snow to kids who got skis are enjoying that. >> that's a great point. ski resorts had a hard year last year. thank you very much. now arkansas, where up to 140,000 people are without power and could be for some time. y vet with with the arkansas department of emergency management arkansas got hit hard. >> central arkansas especially. >> what are the conditions now? what is the state of the roads and then the airports? >> the roads are mostly clear on

the main that are row fairs, the ice on the secondary roads. >> eric: how about the airport? >> the airport is in operation. >> talk about the loss of power. we saw 140,000 still without power? >> correct. as of 8:00 this morning they were saying 136,000. >> eric: what -- this has been going on for a while. not just overnight. >> that's correct. it came in christmas afternoon, christmas night. >> eric: how long do you expect before the people get power? >> some of them could be out of power as much as seven days but entergy is bringing crews from out of state to expedite it. >> eric: any advice to people watching right now who may be traveling through the area? do you suggest they avoid the area? >> as i said, the major roads are open and mostly clear. we do have shelters in central

arkansas. if anyone needs them. and we have a list of those. >> eric: where can they find that list? >> we'll put it on our website. >> i couldn't kel us the website? >> adem.arkansas.gov. >> eric: okay, department of emergency management, thank you very much. >> maria on where the storm is hitting right now. what is the latest? >> it's impacting maine and new england with heavy snow but i want to show you how much snow parts of arkansas saw. it was a historical storm. it's not a state that you think white christmas. 15 inches in jesseville and houston, 14 inches. incredible amounts and it's colder behind this storm system across the midwest, 20 in minneapolis and teens in rapid city. we have another storm we're tracking as it heads eastbound

the next couple days. our current snowstorm producing more snow across maine. reports of over a foot across the many areas in new england and that snow still coming down. coastal areas dealing with rainfall an winds over 30, 40 miles an hour especially overnight. i her the wind howling. we have winter storm warnings for upstate new york, vermont, new hampshire and maine. and many of these warnings are in effect until early tomorrow morning because that wind, even after the snow is done, the wind will continue to blow snow around and produce white house in -- whiteout conditions. many places over a foot of snow on top of what we have on the ground. we're looking at another storm impact thing the midwest and areas hit hard by tornadoes. the storm system had severe weather with it, unusual for december in alabama, mississippi

and the next storm is going to produce thunderstorms and areas of rain and basically heading northeast, producing more snow. but this storm should not be as bad. >> eric: quickly, we only have a couple of seconds but is it unusual? the frequency of storms so far? >> i wouldn't say the frequency. this storm is producing snow? areas that are in a snow drought but the tornadoes are weird. >> on the heels of hurricane sandy, unusual as well. thank you very much. >> thank you. >> doctors continue to go monitor the condition of president george h.w. bush, trying to get his fever down. we'll have a live report from the hospital where he's being treated coming up next. share everything. share brotherly love.

share one up's. mom ? mom ? the share everything plan. lets your family share a pool of data across 10 devices with unlimited talk and text. now get a lucid by lg, free.

>> eric: president george h.w. bush under close watch at a houston hospital. christine has the latest. give us an update on bush 41. >> it's a watch and wait situation for reporters outside the methodist hospital in houston. as of last night and this morning, the 41st president of the united states, george h.w. bush remained in the intensive care unit battling a stubborn fever. he was alert and talking to the medical staff.

we did speak to the spokesperson about an hour ago and we were told he was waiting for the family to authorize another statement. we have not received that updated statement. as you know, the older bush spent one month at the hospital for treatment for a lingering cough before doctors decided to transfer him into icu sunday. the spokesperson says no new information will be given until there's a change in his condition but we spoke to the spokesperson an hour ago and are waiting for a statement from him. the elder bush is the oldest living former president and father of another former president. he served as vice president, congressman, embassador, c.i.a. director and war pilot. no matter your political party it's safe to say there's a lot of thoughts and prayers with the family today. >> eric: absolutely.

we turn to dr. marc siegel on the severity of the condition. we heard from christine and she said the spokesperson said cautiously optimistic. >> i heard from the family spokesperson, both president bush and mrs. burk are optimistic the treatment will be effective and president bush says tell people he's not going anywhere. his spirit plays into this. i've always believed that. medically speaking we're talking about with parkinson's disease, patients retain secretions, he had some asthma. when you're in the hospital you have a risk of picking up other bacteria, you get infections, fever can be a positive sign the patient is fighting the infection. i would say the intensive care unit may not be -- it may be because they want more intense treatment, more nursing care.

>> abundance of caution, more eyes. but doc he entered the hospital a month ago for a recurring cough. is it unusual for a cough to show up later? >> it's a sign something else is occurring. the infection you thought you got rid of may be persisting. when you treat somebody with steroids, it increases your risk of infection. all this makes caution the key thing. but there's a lot of antibiotics. there's a lot of arrows in the quiver and ways to treat the situation. parkinson's disease is not helping but his spirit is. and the man has been in great physical condition his whole life. that helps. >> that's a great point. i had a friend who called and said she spoke to him or someone speaking for him and he said put the harps away. >> that's what you want. through my career, and he's

awake and alert. that's very good. being in the hospital long time is not good. but i would continue to be optimistic as well. >> doc, we'll leave it there. thank you. the face facebook face-off, a new law keeping bosses from getting workers' passwords but is it bad for workers? out the for owning a gun. meet the lawmaker trying to make that illegal. mine was earned off vietnam in 1968. over the south pacific in 1943. i got mine in iraq, 2003. usaa auto insurance is often handed down from generation to generation. because offers a superior level of protection, and because usaa's commitment to serve the military, veterans and their families is without equal. begin your legacy, get an auto insurance quote. usaa. we know what it means to serve.

and i'm here to tell homeowners that are 62 and older about a great way to live a better retirement. it's called a reverse mortgage. [ male announcer ] call right now to receive your free dvd and booklet with no obligation. it answers questions like how a reverse mortgage works, how much you qualify for, the ways to receive your money, and more. plus, when you call now, you'll get this magnifier with l.e.d. light absolutely free. when you call the experts at one reverse mortgage today, you'll learn the benefits of a government-insured reverse mortgage. it will eliminate your monthly mortgage payments and give you tax-free cash from the equity in your home. and here's the best part -- you still own your home. take control of your retirement today. ♪ ♪

>> eric: the debt deadlock officially slamming consumer confidence. it's tanking as shopper worry about tax hikes and spending cuts and now sandra smith warns as consumers go, so goes the economy. downgrade in the consumer confidence numbers but you have to admit, it's the fiscal cliff, the debt clock stuff. i don't blame them. >> reporter: yeah. people think the general public is oblivious and not paying attention. they want to blow off the fact people are bored about hearing about the fiscal cliff but the reality is that 98% of americans will be affected and will see taxes go up if we go over the cliff at the end of the year. this consumer confidence number is an indication of what economist have been warning if we go over the cliff and enter into a new recession in 2013. that consumer confidence number

down 6 points to just over 65. you know as well as i do this is a big change in the overall trend we had been seeing of improving consumer confidence. so as we near the fiscal cliff and near the end of the year, folks are buckling up, didn't spend as much as christmastime and we depend on the spending for economic growth. it's the engine of economic growth and all fingers point to another recession. >> eric: yesterday we got indication the retail sales for christmas were bad. today we get consumer sales. what's next? >> well basically we're going to have to look at those numbers. the national retail federation, which is always optimistic. say it won't be so bad. but when the reality comes in the new year and people see a bigger chunk coming out of their income and they have less to spend, while they might not feel immediately like it's a big

change in what they normally see, you're talking about households across the country who have less to spend. that impacts businesses. the next shoe to drop is to hear from businesses saying we're dramatically impacted by a bigger chunk of american incomes going to the federal government. just dropping consumer confidence, it was the biggest since we got a downgrade in our credit rating back in august last year. people are worried. >> eric: right. and quickly -- we're at risk of having another credit downgrade if we go over the fiscal cliff. we could see another one of those. >> absolutely. all cards are on the table. i just spent the day on the trading floor in chicago and traders are bracing for the worst because they say even if we get a deal, they don't believe it's going to be a good deal i wouldn't we're going to leave it there. sandra, thanks.

thank you. >> now rich edison at the capital to see if the consumer freakout is getting attention of lawmakers. i was handed a piece of paper saying both mcconnell and boehner's office is saying it's news to us whether or not there's a deal or plan from president obama anytime soon. what's the latest? >> there's not much movement on capital. the senate is working on issues other than the fiscal cliff. the house doesn't return until sunday. president obama got back today but no significant progress towards a deal. democrats and republicans are fighting about process and issues. republicans want democrats to come up with a new proposal. house republicans say sign on to their proposal, keeping tax ritz rates where they are. when it comes to this impasse, both sides have taken to blaming one another. >> the house of representatives

is operating without the house of representative. it's being operated with a dictatorship of the speaker. not allowing the vast majority of the house represents to get what they want. if the 250 would be brought up, it would pass overwhelmingly. >> we wanted an agreement. but we had no takers. the phone never rang and so now here we are five days from the new year and we might finally start talking. >> even if democrats and republicans, their leadership and the president, were to strike a deal on the fiscal cliff, it will take a couple days for the senate to work through it, the house to work through it and right now we're only five days out before the billions of dollars worth of automatic spending cuts and tax increases hit the economy. >> eric: house, no more new taxes, senate, no more new

spending cuts. >> employers in illinois can't ask workers for passwords for facebook and twitter. the law is supposed to protect privacy. should it be the law in every state? stacy snyder and rebecca rosewood lander here. a handful of states. california, delaware, illinois, maryland and new jersey did not allow employers to ask for facebook or twitter passwords. good idea or bad? >> absolutely good. it's ridiculous. we have another 14 states looking to impose the same. illinois just passed, that's coming to play january 1st. why should they get on anyone's social media site in a personal site, that has personal photos and memorabilia, no need. invasion of privacy.

>> eric: she's got a point. >> it's not personal anymore. once you post information in a public domain, you put it on line, it's now out in the public. employers have a legal right to judge employees based on conduct inside and outside the workplace. why should the technology of having a password to gain access to this information prevent employers from learning information that they're entitled to get. the public's entitled to get it, it's open to the world. there shouldn't be laws restricting employers. >> eric: hold on. i know you want to jump in, stacy, in i work for a company that requires this, they can have my password even if i'm not on facebook or twitter at working they canning a sesame personal stuff and that's a okay with you? >> it's ock okay because outside the worker place, it's still ock okay for them to find out.

>> she makes a good point, character matters. >> i agree character matters. but facebook has your photos, desires, likes, preferences, things you see in someone's home. does my boss come into my home? i work for myself but i worked for someone else at one point. my boss comes if i invite them in. this is a privacy issue. what you post publicly, how you act, absolutely, those are character -- >> you have personal photos? put them in a photo album. >> there's a password. it's privacy protected. >> talk to your friends. people need to be careful of what we -- we say it over and over again as attorneys. what you put on line goes on in perpetuity. any employer looking at what you post can use it against you and they have a legal right to do so. >> i don't think when it's password protected and you

privatize is. the legislature in illinois and many states agreed it's too far of an invasion of privacy. it's too diplomatic. >> eric: can my employer open my mail? >> if you're using a work computer, most employers in their handbook give themself the right to do that. >> eric: should they be able to do that? >> if you engage in conduct in the workplace that's unsuable, they have the right to do it. it's what you're doing on that time. >> but the facebook issue isn't -- the facebook issue if they're at work an employer can access. if you want a job, i want your facebook pass workeds -- that's an invasion of privacy. going into that 24-hour, 7 days a week lifestyle. >> wouldn't you want to know if someone you wanted to hire was rays racist?

>> we tall that discrimination. you can't discriminate. >> you can because the first amendment does not protect private employees. >> they cannot discriminate against someone. if they're not capable for a job, that's one thing. if they cannot -- >> it's not illegal to go into a employers right to choose who they hire and fire. >> clearly the legislature in 14 states and another 14 are looking to prohibit this. it's facebook and their private life. this is not their regular normal course of employee-employer relationship. >> facebook is open to the world. you publish it, it can get republish. >> eric: in all fairness, there are ways for any two people on twitter to have direct messages that don't go for the public bulletin board. it's just a direct message between the two. under this rule, employers can find out what they say to each other and it's okay. >> it's not okay but the law has not caught up with technology.

nuances of facebook work. >> that's the point. >> we need a legislature that knows how the website work. >> in illinois they did, in new york they're going to pass it. it's up for what looks like sure pass in the new york legislature. we have new jersey already looking at it, california. so many states are recognizing it is going too far. >> eric: we have about a minute. this law prohibits even requesting. >> that's right. >> eric: it doesn't say requiring, requesting is different than requiring. >> i agree. >> e. >> eric: it's not okay to say i would like your password? >> no. what it does is determine with candidates for employment if someone will not give my their facebook, the assumption is they have something to hide. >> there's nothing wrong with the employer to use their discretion. >> the legislature determined it is.

>> what you put out there -- i wouldn't we're going to leave it there. a few more states are looking into it. thank gun owners are exposed, meet the lawmakers gunning for justice for them. ..

>> eric: a map of gun owners names and addresses, forget the debate whether the new york newspaper went to far, my next guest wants to make sure is never happens again. gregg ball joins me. i'm a gun owner, i wouldn't mind if my name and address were on the map. bad guys know they would be looking at the business end of a 45 or shotgun. >> i live in a cabin and have five shotguns and are aptly protected. on the list you have victims of domestic violence who got a permanent. new york city police officers who are retired and any nut job or criminal can go after their flame. we're talking about egg heads as a liberal newspaper that don't go out of way to show where

sexual predators live. they're folks on people who do it the right way, following the law, paying taxes and put them in the category-of-sexual predator. >> that line is westchester county. below is new york city and not many dots. they try to keep concealed carry weapons down. >> the crime rate increases. >> you have a ten times higher -- more likely to be affected by a violent crime in new york city than one of these counties. but let's talk about this map, just for handguns. >> anybody that has a permanent. people -- permit. these are people obeying the law. the presumption by the paper is that these people are doing something wrong. like i said, they have never done this with level 3 sexual predators or rape as i say almost saying the gun owner is more dangerous than a sexual predator.

>> the gun owner next door. it's not people who are doing the right way and following the law, it's illegal firearms out there. there's a lot of talk about gun control. we need a national conversation about nut control. >> eric: we need to point out people upset with the map aren't gun owners, it's people next door whose house doesn't have a dot so you're telling the criminal don't go to the house with the dot. a stupid idea. >> a gratuitous slap in the face. i deal with their editors and go before them every two years when it comes to getting endorsement. >> eric: bad idea or illegal? >> it's not illegal unfortunately. that's why we have to pass legislation. it's not the first time. they did it before. we have a bipartisan bill, even in the assembly. the democrats sponsored it. the bill can get done. it's a privacy issue. they shouldn't have done it a

and now we need to make sure it's illegal. >> what are the odds? >> with the fear that has been unleashed, we have a possibility to get this done in the vane of privacy. we have a governor focused on jobs and taxes. he's talking about gun confiscation. >> you can accomplish my -- publish my name if i don't pay taxes. >> these are people obeying the law. domestic violence victims, retired police. no way they should make this accessible for criminals and nut jobs. >> eric: have we heard from the paper? >> they are refuse to comment. >> no apologies, no we made a mistake. >> trace: and they haven't pulled the information. >> eric: have you contacted them. >> not recently but they know about my piece of legislation we got done in the assembly. >> this story is heating up on

the internet, twitter and facebook. gregg ball, thank you very much. >> good to be here. we have to leave it there. i'll see you on the five, 2.5 minutes or so. be right over there. [ male announcer ] this is joe woods' first day of work. and his new boss told him twongs -- cook what you love, and save your money. joe doesn't know it yet, but he'll wk his way up from busser to waiter to chef before opening a restaurant specializing in fish and me from the great northwest. he'll start investing early, he'll find some good people to help guide him, nd he'll set money aside from his first day of work to his last, which isn't rocket science. it's just common sense. from td ameritrade. >> announcer: 'tis the season of more-- more shopping, more dining out... and along with it, more identity theft.

by the time this holiday season is over, an estimated 1.2 million identities may be stolen. every time you pull out your wallet, shop online or hit the road, you give thieves a chance to ruin your holiday. by the time you're done watching this, as many as 40 more identities may be stolen. you can't be on the lookout 24/7, but lifelock can. they're relentless about protecting your identity every minute of every day. when someone tries to take over your bank accounts, drain the equity in your home, or even tries to buy a car in your name, lifelock is on guard. and with lifelock's 24/7 alerts, they contact you by text, phone or email as soon as they detect suspicious activity in their network. lifelock wants you to be protected this holiday season, so they're giving you 60 days of protection risk-free. >> my years as a prosecutor taught me that you have to be proactive to protect yourself from crime, and that's especially true